ANNU SHARMA Vs. SANJAY SHARMA

JUDGEMENT

(1.) This is an application under Section 24 of the Code of Civil Procedure (hereafter CPC) filed by the wife/petitioner praying for transfer of Matrimonial Suit No.52 of 2016 filed by her husband/opposite party herein for dissolution of marriage by a decree of divorce from the Court of the learned Additional District Judge at Serampore to the Court of the learned Additional District Judge at Alipore.

(2.) It is stated by the petitioner in the above mentioned application praying for transfer of the said matrimonial suit that her marriage with the opposite party was solemnised according to Hindu Marriage and Ceremonies on 26th April, 2016. At the time of marriage the opposite party and his family members demanded huge amount of money and other valuables as dowry from the petitioner's family. The said demand was fulfilled and finally marriage was solemnised. After marriage the petitioner went to her matrimonial home at Rishra in the District of Hooghly. Shortly after the said marriage the opposite party and his family members demanded more dowry amounting to Rs.8,00,000/- from the petitioner's father. She was subjected to physical and mental torture by the opposite party and his family members finally on 28th August, 2016 she was driven out from her matrimonial home. The petitioner took shelter at her paternal home at village Jagtipota in the district of South 24 Parganas. Subsequently, the opposite party instituted Matrimonial Suit No.522 of 2016 in the Court of learned Additional District Judge, Serampore praying for dissolution of marriage by decree of divorce against the petitioner.

(3.) The petitioner has sought for transfer of the said suit from Serampore to Alipore on the ground that distance between Serampore and her paternal home is about 52 km. It is not possible for her to attend Serampore Court on the dates on which the hearing of the said suit would be fixed. She has no other person to accompany her to Serampore and cannot travel alone from her residence to the Court where the said suit is pending. She will not be able to contest the suit properly at Serampore Court. Hence the application for transfer of the said suit.